-->
Check out 'The Soloff & Zervanos Show' Podcast on WWDB Talk 860 - Click Here !
Local: (215)732-2260
Local: (215)732-2260
  • twitter

Damages in Philadelphia Amtrak Accident Cases

Train accidents can cause devastating physical injuries, medical bills, and emotional trauma. If you were injured in an Amtrak accident, you may be entitled to financial compensation through an injury claim. Understanding the types of damages available in these cases can help you take the next step toward recovery.

In Pennsylvania, if you are injured in a train accident, you may pursue both economic and non-economic damages, and in rare cases, punitive damages. These damages aim to restore you to the position you were in before the accident. Our skilled attorneys could help you pursue damages in Philadelphia Amtrak accident cases.

Tangible Financial Losses

Economic damages are intended to reimburse quantifiable expenses incurred as a result of the accident. In the case of Philadelphia Amtrak accidents, economic damages may include medical expenses, including emergency room treatment, surgeries, hospitalization, physical therapy, and ongoing physical care. For instance, a commuter who suffers a spinal injury in a derailment may face hundreds of thousands of dollars in long-term care costs.

Economic damages also include lost wages. If the injured person cannot work while recovering, they may claim lost income. This also includes lost earning capacity if the injury causes long-term disability. Damages can also cover personal belongings destroyed in the accident as well as out-of-pocket costs, including transportation to medical appointments.

An injured person should be aware of the Passenger Rail Investment and Improvement Act (PRIIA), which once capped damages at $200 million. That cap can be lifted in exceptional circumstances, but may still influence total compensation.

Compensation for Intangible Suffering

Non-economic damages compensate for the physical and emotional toll of the accident, which can be especially significant in serious Amtrak incidents in Philadelphia. These may include pain and suffering, including chronic pain following a crash. Non-economic damages also include mental anguish, which encompasses conditions like PTSD, anxiety, and depression.

Many people are also surprised that they may be able to recover non-economic damages to include loss of enjoyment of life. This may include the inability to engage in hobbies or everyday activities.

Gross Negligence and Other Damages

Although they are rare, punitive damages may be awarded in Amtrak accident cases in Philadelphia if it is proven that the responsible party acted with extreme recklessness or willful misconduct. For example, if evidence showed Amtrak failed to correct a known safety issue despite multiple warnings, the court could consider punitive damages to punish and deter similar behavior in the future.

In most train accident cases, a person must file an injury lawsuit within two years of the incident under 42 Pennsylvania Consolidated Statutes § 5524. Failing to meet this deadline may forfeit their right to compensation. For claims involving wrongful death or a deceased family member, the statute of limitations is also typically two years from the date of death.

Call an Attorney to Maximize Damages in a Philadelphia Amtrak Accident Case

Navigating a claim against Amtrak involves unique legal complexities. An experienced attorney could help investigate the cause of the accident, collect medical records, calculate damages, and advocate for full compensation in negotiations or court.

If you or a loved one were injured in an Amtrak accident, you do not have to navigate the recovery process alone. A skilled attorney can help you understand your rights, hold the appropriate parties accountable, and pursue the full range of damages in Philadelphia Amtrak accident cases. Contact a lawyer today to begin building your case and protecting your future.